The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-12-16
CIRCUIT COURT PROCEEDINGS.

The Circuit Court met Wednesday
morning, Dec. 9TH. The first case tried
was that of Wallace Mygatt gerssls Frank
Holderness. The trouble arose over a
certain fence that had been built near
the north end of Washington Island,
and which Mr.. Holderness supposed ex-
tended across public highway. While
travelling along that way with a wagon
load of sand, Mr.. Holderness was sud
denly arrested in his sandy career by
the aforesaid fence erected by Mr.. N.Y.
gait, and promptly tore enough of it
down to admit a passage for himself
and team, for which act he was sued
by Mygatt for trespass. On the trial the
defendant failed to prove that the num-
erous wagon trails that spread out over
the sand-lots north of the Island like
bamboo splints in an open fan was what
is generally accepted in law as a public
street. Verdict for the plaintiff with
nominal damages.
The next suit tried was that of Wallace
Mygatt sersals The City of Kenosha,
Michael Hoye, Jason Lathrop and Nick.
Rohr. This suit was a brother to the
first one, and the little difficulty which
the above named litigants asked the
Court to settle for them was caused by
the building of a fence by Mr.. Mygatt
on Washington Island, extending from
the corner of the poor-house lot across
Widmann street south to the harbor.
This fence obstructing Widman street
was torn down so as to admit public
travel thereon, by order and under the
direction of the public authorities, and
Mr.. Mygatt brought an action against
the city for trespass, " ct armis. The
two vital issues of fact on which the case
turned were, first: Had the street in
question ever been dedicated to the
public as street? Second: IF not,
had it since become a public highway
by adverse user? These questions of
fact the Court answered in the affirma-
tive. Verdict in favor of the city.
The next case called was that of Anna
Williams Uersats John B. Williams, a
contested action for divorce, in which
several domestic difficulties between
Mr.. and Mrs. Williams became q mat
ter of public record, and after a number
of unpleasant accusations on both sides
had been put in evidence, the defendant
questioned the validity of certain de-
cree of divorce procured by Mrs. Anna
Williams from Chicago gentleman in
June, 1885. His Honor thought there
was not enough evidence to prove cruel
and inhuman treatment on the part of
Mr.. Williams, but as the validity of the
decree of divorce procured by Mrs. Will
liams from the Chicago man was of
great importance, and as the attorneys
for Mrs. Williams had been surprised,
he would mold the case open for short
time so as to give them an opportunity
to answer the argument of Mr.. Quar)es.
When the case of The City of Kenosha
versus Julius HI. Kimhall was called there
was perceptible ripple of interest on
the faces of a couple of ladies who were
evidently there for the purpose of find
ing out whether the City of Kenosha
had an iron-clad ordinance that could
oblige property owner to clean out
street gutter for self-protection, and then
prosecute him for doing it. After hear
ing elaborate arguments on both sides
of the ditch, his Honor said that while
he thought section 8 of ordinance of
the city charter was reasonable pro-
vision for the protection OF the streets
and alleys of the city, he thought there
had been a wrong application of the
ordinance to the facts disclosed by the
evidence that he did not think any
person should be obliged to ask permits
sion from the Mayor or Aldermen to
protect themselves or property when in
danger that much of the testimony
offered by the defendant in the Justice
Court had been improperly rejected,
and for these reasons he would reverse
the case with costs. Verdict in favor of
Kimball.
Michael Griffin against Catharine
Griffin. Divorce. Discontinued.
Orrilla Van Zandt against William
Van Zandt. Divorce. Decree granted.
Lillian M. Cronk against Cora B.
Strong and George D. Strong. Criminal
libel. Change of venue to Waukesha
county.
The Town of Brighton against II.
Rosenbaum and Sam. Berkson. Judg.
ment of lower Court reversed with costs.
Court adjourned on Friday.
Coal beds are being found in Mexico